Opinion of Mr Advocate General

Mr President,

Members of the Court,

1. The application of 7 February 1983 giving rise to the present action is based on a number of claims made against the Parliament by Domenico Morina, an employee thereof, seeking the annulment of two decisions, the first of which relates to the cancellation of a vacancy notice and the other to the transfer of a post within the institution.

2. The defendant institution objects in the first place that the application is inadmissible from two standpoints: the absence of any measure adversely affecting the applicant and the fact that the subject-matter of the application to the Court is different from that of the complaint through officials channels. It maintains that Morina is not entitled to bring an action since the transfer of a post is a measure of an organizational nature, which does not affect the applicant's occupational situation; it observes in the second place that the claim that that measure should be annulled appears only in the application. In response thereto, Morina contends that he is nevertheless in a situation for which there is legal protection and that entitles him to bring an action.

3. I shall now examine the criticisms relating to matters of substance. The applicant puts forward various arguments against the transfer of the post: infringement of the Staff Regulations, contravention of the general principles prevailing in the civil service (legitimate expectation and good administration) and misuse of powers.

4. In view of all the foregoing considerations, I suggest that the Court should dismiss the action brought against the European Parliament by Domenico Morina, by application of 7 February 1983. I also consider that the parties should bear their own costs.

1 Translated from the Italian.